Margate Gardens Litigation: Status of the Unit Controversy

A high-stakes legal dispute regarding the "Margate Gardens" complex at 9708-9712 Ventnor Avenue has moved into a critical phase as the city continues its enforcement action against the project’s developer, Steven B. Baglivo.

The Allegations: 6 Units or 12?

The core of the dispute involves the claim that the developer secured Planning Board approvals in 2022 for a six-unit residential project, but subsequently constructed and operated a 12-unit complex. The city, represented by Zoning Officer Roger McLarnon, has filed a motion for Summary Judgment in the Superior Court of New Jersey. This action follows municipal inspections conducted throughout 2024 and 2025, which reportedly uncovered that each of the six originally approved units had been physically partitioned into two independent living quarters.

According to official filings, these partitions were secured with deadbolted doors, requiring keys on both sides. Inspectors reportedly found that each of the 12 resulting spaces contained its own kitchen, laundry facility, electrical panel, and hot water heater, accompanied by 12 separate mailboxes and 12 intercom systems.

Implications for Density and Approvals

The city contends that the developer submitted altered leases to municipal officials in an attempt to disguise the "Unit B" designations. Officials state that these steps were taken to circumvent density variances and parking requirements—regulations that would have been "fatal" to the project's original application.

As a result of these findings, the city has withheld the issuance of a final Certificate of Occupancy for the complex. The project remains in a state of legal limbo while the court reviews the city’s motion, with trial dates currently proposed for March 18–20, 2026.

Why It Matters: Property and Planning

This case serves as a notable example of the rigorous nature of zoning enforcement in Margate. For potential investors and current homeowners, it highlights the importance of adhering strictly to approved site plans and density regulations. When a project is approved as a specific number of units, any deviation that impacts density, parking, or safety requirements is subject to intense scrutiny and potential legal reversal, which can have long-term consequences for the viability of a development.

Frequently Asked Questions

• What is the core issue at Margate Gardens?
  The city alleges that a 6-unit approved project was modified into 12 units without proper permits or variances.

• What is the current status of the project?
  A motion for Summary Judgment has been filed by the city, with a trial scheduled for late March 2026.

• What happens if the developer is found in violation?
  The city has withheld the Certificate of Occupancy, and compliance with the original six-unit plan is required for final approval.

Sources: Superior Court of New Jersey; Margate Zoning Officer